Recently, a judge made the news for sending a teen to juvenile detention for not doing her homework. This was an extreme example of an all-too-common problem.

Judges often turn to pulling kids out of their homes to respond to minor behavioral issues.  Separating youth from their families can be a traumatic experience that only serves to exacerbate problems.

West Virginia has seen a dramatic rise in the use of out-of-home placements for youth. Shockingly, more than half of these were for status offenses, things that aren’t even traditional “crimes”.

The situation was so bad that the governor convened a special task force and brought the Pew Charitable trusts in to make recommendations. In 2015, the Legislature adopted some of the recommendations in several bills.

Unfortunately, the Legislature made three mistakes. As a result, not all of the predicted results were achieved.

First, the Legislature did not follow the whole list of recommendations provided by experts. Second, the Legislature allowed for loopholes that judges still use to remove youth from homes. Finally, there was little follow-up to ensure that the new rules were being implemented properly.

To enact positive change, legislators must be willing to listen to experts. They have to be willing to get into the details of complex issues, rather than simply hoping that behaviors will change. And they have to follow through on legislation long after it’s passed to help ensure that those behaviors do change.

When it comes to juvenile justice, we all want to set youth up for success. We all want to encourage safe, healthy behaviors, and discourage dangerous and self-destructive behavior. The best way for our elected leaders to do this is to set up proper support networks to help kids before they get in trouble in the first place. 

If youth do get in trouble, our system needs to focus on helping them thrive in their homes and in their communities, rather than making things worse by putting them in facilities. 

If you see stories like the one about the child put in youth detention for not doing homework and think “something ought to be done”, know that you can do something about this. Vote for candidates who are committed to fundamentally reshaping the juvenile justice system.